Implications of Nominee Agreements in Land Ownership by Foreign Nationals in Bali

This research analyses the legal and social implications of nominee agreements in the context of foreign land ownership in Bali, focusing on Decision No. 274/Pdt.G/2020/PN Dps. Nominee agreements are often used as a scheme to circumvent the ban on foreign ownership of land, where land is formally registered in the name of an Indonesian citizen (WNI) but controlled by a foreigner. This research uses a normative juridical method, with a case approach and analysis of legal literature to examine the legality and impact of the practice of nominee agreements. The results show that nominee agreements violate the provisions of the Basic Agrarian Law No. 5 of 1960 and Article 1320 of the Civil Code regarding the validity of agreements. The court's decision to declare all nominee agreements null and void demonstrates its commitment to upholding agrarian law and preventing illegal practices. The social and economic impacts of nominee agreements include increased land prices, social tensions and instability in the land market. In conclusion, stricter law enforcement, stronger regulations, increased monitoring and thorough legal education are needed to address the issue of nominee agreements and ensure that land ownership in Indonesia remains under the control and management of Indonesian citizens in a fair and sustainable manner.

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Publication Details

Journal
Reformasi Hukum
Published
2024-08-31
DOI
https://doi.org/10.46257/jrh.v28i2.1024
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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Implications of Nominee Agreements in Land Ownership by Foreign Nationals in Bali

Rinaldi Ridhogusti, Grasia Kurniati
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Reformasi Hukum
Legal Studies and Policies
article

Implications of Nominee Agreements in Land Ownership by Foreign Nationals in Bali

Rinaldi Ridhogusti, Grasia Kurniati
article en

Abstract

This research analyses the legal and social implications of nominee agreements in the context of foreign land ownership in Bali, focusing on Decision No. 274/Pdt.G/2020/PN Dps. Nominee agreements are often used as a scheme to circumvent the ban on foreign ownership of land, where land is formally registered in the name of an Indonesian citizen (WNI) but controlled by a foreigner. This research uses a normative juridical method, with a case approach and analysis of legal literature to examine the legality and impact of the practice of nominee agreements. The results show that nominee agreements violate the provisions of the Basic Agrarian Law No. 5 of 1960 and Article 1320 of the Civil Code regarding the validity of agreements. The court's decision to declare all nominee agreements null and void demonstrates its commitment to upholding agrarian law and preventing illegal practices. The social and economic impacts of nominee agreements include increased land prices, social tensions and instability in the land market. In conclusion, stricter law enforcement, stronger regulations, increased monitoring and thorough legal education are needed to address the issue of nominee agreements and ensure that land ownership in Indonesia remains under the control and management of Indonesian citizens in a fair and sustainable manner.

Reformasi HukumVol. 28(2)
University of Singaperbangsa Karawang (ID)
Openalex Percentile: Top 46%
Legal Studies and Policies
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